Sample Investment Management Agreement Page 8
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21Client Name
Date
Page 8
Client will notify the Manager if any of the information contained in the
Investment Policy changes in any material respect;
(g)
If the Client is not an individual - The Client is validly existing under the laws of
[insert name of appropriate province] and Canada as may be applicable and has
all necessary power, authority and capacity to enter into this Agreement, to carry
out its obligations under this Agreement, to own its assets and to carry on its
business as presently conducted;
(h)
The execution and delivery of this Agreement and the performance of the
obligations contemplated by this Agreement have been duly authorized by all
necessary action on the part of Client and this Agreement constitutes a valid and
binding obligation of the Client enforceable against it in accordance with its
terms;
(i)
The Client is not a party to, bound by, affected by, or subject to any indenture,
mortgage, lease, agreement, obligation, instrument, charter, by-law, order,
judgement, decree, licence, law (including regulations) or governmental
authorization that would be violated, breached by, or under which default would
occur as a result of the execution and delivery of, or performance of obligations
under, this Agreement;
(j)
The Client acknowledges that the Manager is required by applicable laws to
determine the identity and reputation of the Client and to collect certain
information concerning the Client, including the nature of its business and the
identity of those who are beneficial owners of, or exercises control or direction
over, more than 10 percent of the voting rights attached to the outstanding voting
securities of the Client (if the Client is a corporation) or who exercises control
over the affairs of the Client (if the Client is a partnership or trust). The Manager
may request additional information from time to time and the Client shall provide
all such information so requested. The Client hereby represents the accuracy of
the information provided in Schedule and will advise the Manager should any of
the information contained in Schedule change in any material respect; and
(k)
The Client agrees to provide such additional documentation as the Manager may
reasonably request from time to time.
Note: See section 13.2 of NI 31-103 (generally).
13.2
The Manager represents and warrants that:
(a)
The Manager performs investment advisory services for various clients and the
investment funds (including the Pooled Funds) that it manages. The Manager makes
investment decisions for each client’s account and for each Pooled Fund dependent
on the circumstances, investment objectives and guidelines of the specific client or
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